N.J. Admin. Code § 10:90-16.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:90-16.4 - Good faith effort requirement

(a) To cooperate, a WFNJ/TANF applicant/recipient shall make a good faith effort to provide information as outlined in (b) and (c) below. The CWA/CSU worker shall explain the child support cooperation requirements, the good faith standard set out in (b) and (c) below, and what constitutes a good cause claim as outlined at 10:90-16.5. An applicant or recipient shall be deemed to be making a good faith effort if he or she has provided all the information he or she has or can reasonably obtain as required by (b) or (c) below. Initial cooperation shall begin with the applicant/recipient signing the affidavit of cooperation.

1. The CWA/CSU worker shall access both the automated child support system for an existing order and the Paternity Opportunity Program Imaging Data Base to determine if a Certificate of Parentage (COP) was executed on any of the children for which assistance is being sought.

(b) A WFNJ/TANF applicant/recipient shall provide sufficient information related to the non-custodial parent for each child for whom the applicant/recipient seeks assistance.

1. Information is considered sufficient if it meets the requirements of (b)1i or ii below:

i. The non-custodial parent's full name and three of the following:

(1) Date of birth;

(2) Social Security number;

(3) Address (current or last known);

(4) Employer (current or last known) or other sources of income;

(5) Manufacturer, model and license plate number of automobile;

(6) Motor vehicle driver's license number; or

(7) The address of the non-custodial parent's parent(s) or sibling(s); or

ii. The non-custodial parent's full name and additional information that the CWA/CSU determines to be reasonably equivalent to the information listed in (b)1i above which may lead to the location of the named individual.

2. Information related to the non-custodial parent is sufficient if that information is enough to support the truthfulness of the statements, as presented by the WFNJ/TANF applicant/recipient to be best of his or her ability.

i. The CWA/CSU worker shall evaluate with the WFNJ/TANF applicant/recipient whether or not the information provided is sufficient enough to support the truthfulness of the statements as well as the circumstances concerning his or her efforts to provide the information.

(c) If it is determined that the information provided to date is insufficient, and the WFNJ/TANF applicant/recipient states that he or she is unable to obtain the information without assistance, the CWA/CSU worker shall identify the additional information needed and assist the individual in securing that information. A WFNJ/TANF applicant/recipient who has not provided sufficient information as specified in (b)1i above or reasonably equivalent information as specified in (b)1ii above, shall be deemed to be cooperating in good faith if he or she provides all of the following information he or she can reasonably obtain: the non-custodial parent's name and any of the information in (b)1i or (b)1ii above or any of the following information, such as, but not limited to:

1. A statement(s) as to the name or location of the non-custodial parent from individuals other than the WFNJ/TANF applicant/recipient who have personal knowledge of such information;

2. Records, or information as to the whereabouts of records, from law enforcement, social service or other agencies, courts or offices substantiating the name and possible location of the non-custodial parent. The WFNJ/TANF applicant may request the CWA/CSU's assistance in obtaining the required documentation in accordance with 10:90-16.3(g)5;

3. Utility bills, parking tickets, credit card receipts or other personal records or effects that contain information regarding the name or location of the non-custodial parent;

4. Telephone numbers or addresses of individuals who, if contacted, may be able to provide information as to the name or location of the non-custodial parent;

5. Other information which may lead to the name or location of the non-custodial parent;

i. As determined by the CWA/CSU such information shall include, but is not limited to, a credit card number, or where his or her parents and/or any other relatives live; or

6. After the IV-D interview when the WFNJ/TANF applicant/ recipient has provided all the information in good faith he or she can reasonably obtain and all avenues to obtain information have been exhausted, then the WFNJ/TANF applicant/recipient shall be allowed to complete an affidavit with the CWA/CSU worker which establishes that the individual provided all the information he or she can reasonably obtain in accordance with (b) and (c) above. The affidavit shall detail the steps taken and any obstacles encountered by the applicant/recipient in trying to provide sufficient information related to the non-custodial parent. The WFNJ/TANF applicant/recipient shall then have met the cooperation requirement unless additional or contrary information becomes known to the CWA/CSU.

(d) If the WFNJ/TANF and/or Medicaid applicant/recipient does not have the information outlined in (b) or (c) above at the time of the IV-D interview or the redetermination but claims he or she can provide it, initial cooperation shall be granted and the WFNJ application process continued. The applicant shall receive the notice of initial cooperation with child support advising that he or she has 30 days from the date of the notice to provide the required information. The applicant/recipient who fails to make a good faith effort or who does not provide the requested information within the required 30 days, shall be sent a notice to meet ongoing child support requirements advising him or her that if the requested information is not provided within the next 30 days, the family shall be ineligible for cash benefits under WFNJ and the case shall be terminated or the application denied, as applicable, subject to timely and adequate notice in accordance with 10:90-9.1(a) and (b), as appropriate. The applicant/recipient shall also be ineligible for Medicaid, unless the exception requirement for Medicaid ineligibility is met in accordance with 10:90-16.3(f)1. The applicant/recipient who has been denied or terminated due to non-cooperation with child support has a right to reapply for WFNJ benefits at any time in accordance with the WFNJ application requirements and procedures. When a case is closed for non-cooperation and the applicant/recipient reapplies for cash assistance, the individual shall provide the previously requested information or sufficient new and/or additional information, in good faith, regarding the non-custodial parent.

1. If at the time of the IV-D interview or the redetermination, the WFNJ/TANF and/or Medicaid applicant/recipient claims not to have any of the required information at that time and refuses to provide it within 30 calendar days, the applicant/recipient shall receive a timely and adequate notice of non-cooperation status, initial IV-D interview informing the applicant/recipient that the family is ineligible for cash benefits under WFNJ and that the applicant/recipient shall be ineligible for Medicaid for failure to cooperate with child support, unless the exception requirement for Medicaid ineligibility is met in accordance with 10:90-16.3(f)1.

2. If at the time of the IV-D interview or the redetermination, the WFNJ/TANF and/or Medicaid applicant/recipient claims not to have any of the required information at that time and states that he or she is unable to provide it within 30 calendar days, the child support worker shall proceed in accordance with (c) above and shall assist the applicant/recipient in obtaining any required information which is not otherwise obtainable by the individual in accordance with 10:90-16.3(g)5.

(e) A WFNJ/TANF and/or Medicaid applicant/recipient who has satisfied the requirements of (b) or (c) above is required to continue to make a good faith effort to cooperate (at time of redetermination, subject to the good cause exception as set forth at 10:90-16.5 ) with the CWA/CSU to:

1. Establish paternity; and

2. Establish, modify and enforce child support orders.

(f) Continuing cooperation may include, but is not limited to, the requirements in 10:90-16.3(g)1 through 6.

(g) If at the time of WFNJ/TANF and/or Medicaid application or redetermination, or at the request of the CWA/ CSU, the applicant/recipient is uncertain as to which of two or more individuals might be the non-custodial parent of a single child, the applicant/recipient shall be asked to provide the information required for all individuals who may be the non-custodial parent. However, information for at least one possible non-custodial parent must be provided in order to be determined cooperating in good faith.

1. If the WFNJ/TANF and/or Medicaid applicant/recipient has more than one child, the applicant/recipient shall provide the information required for at least one possible non-custodial parent for each child at the time of application or redetermination of WFNJ eligibility or upon the request of the CWA/CSU.

i. If a WFNJ recipient has a child while receiving assistance, the recipient is required to meet the cooperation requirement for the additional child in order for the family/individual to remain eligible for cash benefits under WFNJ and for the recipient to be eligible for Medicaid, unless the exception requirement for Medicaid ineligibility is met in accordance with 10:90-16.3(f)1.

(1) The CWA/CSU worker shall access both the automated child support system, and the Paternity Opportunity Program Imaging Data Base to determine if a Certificate of Parentage was executed for the child.

2. If the CWA/CSU finds that the WFNJ/TANF and/or Medicaid recipient deliberately provided inaccurate information regarding the non-custodial parent of a child, or if the non-custodial parent named is found not to be the father by court order or genetic testing, the applicant/recipient shall be sent a notice of noncompliance advising him or her that if specific information is not provided within the next 30 days, the family shall be ineligible for cash benefits under WFNJ and the case shall be terminated, subject to timely and adequate notice requirements. The recipient shall also be ineligible for Medicaid, unless the exception requirement for Medicaid ineligibility is met in accordance with 10:90-16.3(f)1.

i. If on two occasions the WFNJ/TANF recipient claimed to have provided all the information he or she could reasonably obtain, and the information provided was found to be deliberately inaccurate, the recipient shall be sent a notice of termination, subject to timely and adequate notice requirements, informing the recipient that cash assistance to the family shall be terminated and the recipient shall be ineligible for Medicaid unless the exception requirement is met for Medicaid eligibility in accordance with 10:90-16.3(f)1.

ii. The individual has a right to reapply for WFNJ benefits at any time, and to comply with child support cooperation requirements, in accordance with the WFNJ application requirements and procedures. When a case is closed for non-cooperation and the applicant/recipient reapplies for cash assistance, the individual shall provide information in accordance with (d) above.

3. If a WFNJ/TANF recipient fails to meet the ongoing requirements for continuing cooperation, as outlined in (e) above, the recipient shall receive a notice of failure to comply with continuing cooperation requirements advising him or her that if the requested information is not provided or required action taken within the next 30 days, cash assistance to the family shall be terminated, as well as Medicaid to the recipient unless the exception requirement for Medicaid ineligibility is met in accordance with 10:90-16.3(f)1, subject to timely and adequate notice requirements.

i. When trying to meet the continued cooperation requirements, if the WFNJ/TANF recipient deliberately provides inaccurate information on two occasions, the recipient shall be sent a notice of termination, subject to timely and adequate notice requirements, informing the recipient that cash assistance to the family shall be terminated and the recipient shall be ineligible for Medicaid unless the exception requirement for Medicaid ineligibility is met in accordance with 10:90-16.3(f)1.

ii. The individual has the right to reapply for WFNJ benefits at any time, and to comply with the child support cooperation requirements and procedures. When a case is closed for non-cooperation and the applicant/recipient reapplies for cash assistance, the individual shall provide information in accordance with (d) above.

4. If the WFNJ/TANF recipient fails to meet the continuing cooperation requirements for failure to appear for a scheduled appointment or hearing, a notice of failure to appear at appointment or hearing shall be sent to the recipient requiring the individual to contact the CWA/CSU within 10 days of receipt of the notice. If the recipient fails to respond to the notice the recipient shall be sent a notice of termination, subject to timely and adequate notice requirements, informing the recipient that cash assistance to the family shall be terminated and the recipient shall be ineligible for Medicaid unless the exception requirement for Medicaid ineligibility is met in accordance with 10:90-16.3(f)1.

i. Upon contacting the CWA/CSU, the WFNJ/TANF recipient shall be required to reschedule the appointment or hearing and provide documentation of the unavoidable circumstance which prevented him or her from appearing for the appointment or hearing. Unavoidable circumstances shall include, but are not limited to, the following:

(1) Health related issues: Documentation includes medical or hospital records, or an affidavit attesting to the applicant's/ recipient's health problem;

(2) Employment related issues: Documentation includes a letter from the recipient's employer or work activity site supervisor;

(3) Other court related issues: Documentation includes an accident report or verification that the recipient had to appear in court for another matter;

(4) Death of family member or close friend: documentation includes medical or funeral records or an affidavit from the applicant/recipient or a family member; or

(5) Other emergency or unavoidable circumstances proved by relevant documentation or affidavit.

ii. If the recipient misses two consecutive scheduled appointments or hearings without documentation of an unavoidable circumstance, the recipient shall be deemed to be non-cooperative and sent a notice of termination subject to timely and adequate notice requirements. Cash assistance to the family as well as Medicaid to the recipient shall be terminated, unless the exception requirement for Medicaid ineligibility is met in accordance with 10:90-16.3(f)1.

iii. The individual has the right to reapply for WFNJ benefits at any time, and to comply with the child support cooperation requirements and procedures. When a case is closed for non-cooperation and the applicant/recipient reapplies for cash assistance, the individual shall provide information in accordance with (d) above.

N.J. Admin. Code § 10:90-16.4

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).
Rewrote the section.
Amended by R.2000 d.347, effective 8/21/2000.
See: 32 New Jersey Register 2031(a), 32 New Jersey Register 3070(a).
Rewrote the section.
Amended by R.2003 d.226, effective 6/16/2003.
See: 34 New Jersey Register 2713(a), 35 New Jersey Register 2670(a).
Rewrote the section.